1. Chevron: The Doctrine That Must Not Be Named and Cannot Be Overruled.
- Author
-
Jellum, Linda D.
- Subjects
- *
LEGAL judgments , *ACTIONS & defenses (Law) - Abstract
In Harry Potter and the Philosopher's Stone, Harry's friends are terrified to mention the name of their nemesis: Lord Voldemort. Until June 2024, the United States Supreme Court had taken the same approach to Chevron, refusing to mention the doctrine in cases when there was no doubt Chevron applied. Indeed, this doctrine had them so scared that they just overruled it or tried to. Yet no one has asked, can they? Can the Court overrule Chevron, and, if so, what would that even mean? This Article explains why, despite its apparent decision to do so, it will be difficult for the Court to truly overrule Chevron. Rules of decision can be overruled. Chevron is not a rule of decision. Chevron is properly categorized as part standard of review--specifically, de novo review--and part canon of statutory interpretation. Standards of review are not overruled; they are simply replaced. Canons of interpretation are similarly not overruled; ignored, yes, modified, yes, narrowed, yes, but not overruled. Thus, and not unexpectedly, the Court claimed to overrule Chevron by replacing step one with de novo review and replacing step two with Skidmore's power-to-persuade test, a relatively modest change. In short, the fervor regarding Chevron's demise is overblown. Chevron is not going anywhere; instead, it will continue as the doctrine that must not be named and could not be overruled. [ABSTRACT FROM AUTHOR]
- Published
- 2024